Terms & Conditions

Effective Date: 11/04/2023

Welcome to www.sirkka.com.au.

This Site is owned and operated by Sirkka Pty Ltd ABN 92 383 202 986 trading as Sirkka (referred to in these terms as “Sirkka” “we”, “us”, and “our”).

Please take the time to read the following terms and conditions (“Terms”) that apply to your use and enjoyment of this Site, our social media channels, and your purchase of our products.

When you visit our Site, you can select the sofa or bed, size and components, and fabric selection to receive a price for the products. However, please note that you cannot purchase the products directly online. Once you have selected your options and received a price, this information will be sent to us via email, and we will provide you with an invoice for payment which will include applicable freight charges.

These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (referred to as “user”, “you”, and “your”). By accessing and using this Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Site.

ACCEPTANCE OF TERMS

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:

– are over 18 years of age and have the legal capacity to enter into a legally binding contract;

– have read and accepted these Terms; and

– will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed [here]. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of our Site, you may need to register an account. This means you will have to give us accurate information including your name, your business name (if applicable), address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.

PRICES AND PAYMENT

Pricing All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). We reserve the right to change prices at any time without notice. Payment for products and delivery fees must be made in full before delivery.

We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product. Prices of orders already placed will not be affected by any changes, the price advertised at the time of your order will apply. If you cancel your order within 48 hours and place a new order, then the price advertised on our Site at the time of your new order will apply.

We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.

Payment

Payment for furniture orders is set out below:

Online orders

To place an order through our Site, you will be required to complete the online process and submit payment for the full price of the product(s) in your order, upon receipt of a valid tax invoice from us, payment in full is required. Once payment has been received, we will process your order and arrange for delivery in accordance with our shipping policy. If payment is not received within the timeframe specified in our invoice, we reserve the right to cancel the order.

Payment is split across 2 payments, a deposit of 50% by way of confirmation with the balance payable prior to final dispatch. The deposit is non-refundable, and we believe this is a fair and reasonable amount to cover our costs and commitments in the production of your order. All transactions are processed in Australian dollars. All prices displayed on our Site are exclusive of freight. The balance is due prior to the release of the products, and products remain the property of Sirkka until full payment has been received.

If you fail to pay the balance within 14 days of the due date, we reserve the right to cancel the order and retain the deposit as a cancellation fee. This fee compensates us for our time, materials, and other expenses incurred in the preparation of your order. In addition, due to the nature of our products and our service, we reserve the right to take legal action to recover any outstanding payments.

Discounts

We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

Credit Card Authorisation

We offer customers the option to pay for the products by credit card or such other method of payment as specified on our tax invoice. You acknowledge and agree to make timely and full payments to us for the products purchased.

Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.

Card payments will incur a surcharge of [2%.]Where a debt collection agency is required to be engaged due to failed payment or non-payment, you acknowledge that all associated fees will be payable by you.

We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.

STOCK SHORTAGES

From time to time, some of the items such as the selection of fabrics featured on our Site may be out of stock or unavailable. We will do our best to inform you of this as soon as possible, and you will have the option to wait for the item to become available.

OWNERSHIP, TITLE AND RISK

We retain ownership of all products until payment has been received in full. If payment is not received, we reserve the right to retain the products

Title to and risk of loss or damage of the products will pass to you upon delivery to the address you specified in your order.

ORDER CONFIRMATION, CHANGES TO ORDERS AND CANCELLING ORDERS

Order Confirmation

Once you place an order, we will send you an order confirmation as acknowledgement of receipt. This document supersedes any prior correspondence related to your order, including verbal, written, graphic or any other form. We will proceed with your order as per the details mentioned in the confirmation unless we receive written notification of any requested changes within forty eight (48 )hours.

We will communicate primarily via email. It is your responsibility to ensure that you provide us with the correct contact details.

Changes to Your Order

Please contact us within forty eight (48) hours of placing the order if you need to make any changes. Unfortunately, changes requested after this period may not be possible or may incur additional charges. Each piece of furniture is handcrafted according to your specific size and finishes. Therefore, whether or not an order can be changed depends on how far it has progressed in production. If your order has already been confirmed and is in production, any request for changes must be made in writing. We will do our best to assist you but cannot guarantee that changes can be made.

Cancelling Your Order

IMPT: If you wish to cancel your order, please notify us within forty eight (48) hours. If we have not yet commenced work on your order, we will cancel it and issue a refund less [$INSERT AMOUNT] administration fee being our costs incurred in managing and processing your order.

Please note that if you notify us outside of the forty-eight (48) hours, the deposit of 50% of the purchase price, may be retained as a cancellation fee, this fee compensates us for our time, materials, paying our staff and other expenses incurred in the preparation of your order.

REFUND AND RETURN POLICY

Please note that all our custom made items are final sale, and cannot be returned, refunded or exchanged except in cases where products are faulty and not able to be repaired, have been wrongly described or are different to the product purchased on the Site. As each item is custom made to your specifications, we cannot offer returns or exchanges for change of mind or other reasons.

All Sirkka products are quality controlled, however should a product be delivered that has a manufacturing fault, please contact our customer service team within twenty four (24) hours of receiving your order and we will do our best to assist you. We will inspect and we will replace or repair the product at no cost to you. You are entitled to this policy if you contact us within twenty four (24) hours of your product delivery notifying us of the manufacturing fault.

Please read this policy carefully to understand your rights and obligations.

Conditions for return (damaged or faulty)

When you receive your order, please thoroughly inspect all furniture upon delivery for any defects or damage and note any such defects or damage on the delivery paperwork presented to you by the carrier for signature. Notification of any damages or shortages are required within twenty four (24) hours of receiving your order. If we do not receive notification of your return request within twenty four (24) hours of you receiving your order, it will be deemed to be accepted by you and in good order. We cannot be held responsible for any damage unless we are notified within the specified time period.

How to initiate a return

To initiate a return, please contact us at [contact email or phone number] within twenty four (24) hours of receipt of the product.

To submit a return request please follow these steps:

1. Notify us in writing: Within twenty four (24 )hours of delivery of the relevant products.

2. Provide Order No: Please include details of your order number.

3. Provide photographs and a written description of the issue: To speed up the process, provide photographs and a written description of the alleged fault or defect.

Where the product is damaged or faulty, we will reimburse you for carrier costs required to return it to us.

No returns or refunds

Please ensure that you make your selection carefully as we are unable to accept returns in situations where:

– Custom-made or special order products unless there is a manufacturing fault;

– Error on customer’s part in making a selection whether relating to sizing, colour or any other aspect of the order;

– Products that have been used, assembled, or modified unless there is a manufacturing fault;

– Products that have been damaged due to misuse, abuse, or negligence; or

– you change your mind.

We are also unable to accept returns for stock purchased at a discounted price unless it is damaged or faulty.

What we will do:

Within three (3) business days, we’ll confirm receipt of your notice.

A representative from our company may conduct an inspection if it’s necessary to ascertain the nature and origin of the problem at a mutually convenient time.

We will will provide you with a Return Authorization (RA) number and instructions on how to return the product. Please do not return the product without first obtaining an RA number.

We will arrange for the damaged or faulty product to be returned to us and and we will either repair or replace the product as determined by us.

Refunds

When a returned product is received, we will conduct a thorough inspection to determine whether any damage can be repaired or rectified. If the damage is repairable, we will fix the product and ship it back to you at our expense. If the damage is determined to be beyond repair or rectification, we will issue a refund for the full purchase price of the product.

Refunds will be issued to the original payment method within seven (7) business days of making our determination that it is beyond repair. The amount refunded will be the purchase price of the product, less any shipping and handling fees.

Shipping and handling fees

Shipping and handling fees are non-refundable.

Exchanges

Due to the nature of our products and service we cannot provide an exchange.

Warranty claims

If you believe that a product is defective and covered by a warranty, please contact us immediately at [email protected]. Please see the Warranty Claims Process below for additional information.

Changes to policy

We reserve the right to change this policy at any time without notice. Any changes to this policy will be posted on our Site.

Contact Us

If you have any questions or concerns about our refund and return policy, please contact us at [email protected].

FREIGHT & DELIVERY POLICY

At Sirkka, we want to make sure your order is delivered to you as quickly and efficiently as possible. To ensure a great delivery experience and avoid any delivery delays or issues, you must at the time of placing your order: (a) provide us with the correct delivery address, email, and phone number;

(b) confirm what type of property you have and whether it includes stairs or not (as this may affect the delivery costs); and

(c) be in attendance at the time of delivery.

Please read this policy carefully to understand your shipping options, delivery times, and fees.

Freight options

Our third-party shipping providers offer a delivery service that includes the following:

– A two-hour delivery window on the day of delivery

– An additional notification when the driver is 30 minutes away

– Assembly of the item (if required)

– Removal of rubbish and packaging

Please note that this service is currently only available in all Australian capital cities, and not in regional or remote areas. However, full assembly instructions will be provided with your order.

Upon delivery, it is the customer’s responsibility to inspect the products for any faults or issues. If any faults or issues are found, please photograph and document them and notify our company immediately and no later than twenty four (24) hours from receiving your order.

We are unable to offer collection from the factory.

Delivery times

Delivery times are estimated and may vary based on your location, shipping option selected, and product availability. We will do our best to ensure your order is delivered within the estimated delivery time, but we cannot guarantee delivery by a specific date or time. Please note that lead times for orders may apply, and any lead time quotes provided are estimates only and subject to change. We will keep you updated on the status of your delivery and provide tracking information where available.

Delivery fees

Delivery fees are calculated based on the size and weight of your order, your location, expectation of reasonable access to your site and the shipping option selected. Further charges may apply if delivery access is not deemed reasonable.

Delivery restrictions

Due to the nature of the product, except for samples, we do not deliver to PO Boxes or Parcel Lockers. Delivery restrictions may apply to certain remote areas. If you are unsure whether we can deliver to your location, please contact us before placing your order.

Delivery process

Once your order has been processed, you will receive a freight confirmation email setting out the details for your delivery.

Product Fit and Site Access

Please ensure that the furniture you order fits through your doorways, hallways, and staircases leading to the intended location. Before placing your order, please measure these spaces carefully and compare them to the product dimensions listed on our Site. We will not be held liable for any items that do not fit or for any costs associated with returning the item due to incorrect measurements or sizing. If you are unsure about the fit of a product, please contact us before placing your order, and we will be happy to provide additional information or assistance.

Our standard freight includes a single delivery at ground floor level, assuming easy access with no stair carries. If your order requires delivery beyond ground floor access, please let us know before ordering to ensure that access is achievable and accurate freight costs can be confirmed.

Additional Charges

Please note that any additional requirements such as stair carries or a hoist service are not covered by our standard delivery terms and will incur additional charges. It is therefore important that you provide accurate information at the time of placing your order.

Please note that our current delivery services do not offer balcony or hoist delivery services.

Signature Requirement

For the delivery of your order, it is mandatory for someone to be present and provide a signature upon receipt. This is to ensure the safe and secure delivery of your products and to protect against any potential damages or losses. Thank you for your understanding and cooperation in this matter.

Redelivery Charges

We take great care to ensure that our products are delivered to our customers in a timely and efficient manner. To do so, we require that the delivery address provided by the customer is complete and accurate. If we cannot deliver

the product due to an incomplete or incorrect address provided by the customer, we will need to make additional arrangements to re-deliver the product. This will incur n additional delivery charge as well as an Admin Fee to cover the additional administrative costs associated with the re-delivery. We believe that this Admin Fee is a fair and reasonable charge to cover our costs, and we appreciate your understanding and cooperation in ensuring a successful delivery of your order.

Inspection and acceptance of delivery

Upon receiving your delivery, please inspect the product for any damage or defects. If you notice any damage or defects, please contact us immediately at [email protected].

Please report any damage or defects in your delivery within 24 hours of receiving it. Failure to do so will imply that you have accepted the product in good condition, and we will not be liable for any damage identified after this timeframe.

International shipping

We do not currently offer international shipping.

Changes to policy

We reserve the right to change this policy at any time without notice. Any changes to this policy will be posted on our Site.

Contact Us

If you have any questions or concerns regarding our shipping policy, please don’t hesitate to contact us.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Any information provided on our Site, through blog posts, product descriptions or any other content, is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products.

We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason.

The sale of products on our Site or reference to any other products does not constitute endorsement or recommendation of said products unless explicitly stated otherwise.

PRODUCTS

Designs

The descriptions, illustrations, and specifications of our products on our Site are provided for informational purposes only. Actual products may vary in design, color, and texture due to factors such as the availability of materials and manufacturing processes. We will do our best to provide accurate descriptions and images, but we cannot guarantee that they will be identical to the actual products.

Specifications of products on Site

We make every effort to ensure that the specifications of our products on our Site are accurate and up-to-date. However, we reserve the right to change specifications without notice, and we cannot be held responsible for any errors or omissions on our Site.

Fabrics

We cannot guarantee that the color or texture of fabrics shown on our Site will be identical to the actual products. Differences in color and texture may occur due to various factors, including certain fabrics have unique characteristics or variations in dye that make them more difficult to accurately represent online, the resolution of your computer screen or other factors beyond our control.

Product Use

You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.

Products made available on our Site are for personal use only.

PRODUCT WARRANTY

We stand by the quality of our products, which are made to last a lifetime and are designed to do so. We have a service network set up all across the nation, and all of our products are covered by structural warranties. Under normal use and maintenance, our warranties cover flaws in the materials and workmanship. Our warranties do not cover harm brought on by carelessness, malicious damage, acts of nature, abuse, poor product maintenance or failure to follow product care guidelines.

Requests for warranties must be accompanied by a photo and a copy of the original invoice.

The following specific warranties should be noted:

Upholstered Furniture

Frames

The structural integrity of our upholstered-seat and -back sofas, chairs, and beds is covered by a 10-year warranty. The warranty ensures that your purchase is free of poor workmanship by specifically covering frames, suspension, and support.

Upholstered furniture’s fabric and leather coverings come with a one-year warranty.

Fabric

For as long as they receive routine professional cleaning, appropriate maintenance, protection from sunlight damage, and no third-party after-treatment, all fabrics and zips are covered by a one-year warranty against manufacturing flaws.

Inserts

For inserts, a five (5) year warranty covers any manufacturing flaws; however, compressed feather or foam are not covered because they are considered to be normal wear.

Warranty Claims Process:

To make a claim under warranty, please follow these steps:

4. Notify us in writing: Within twenty four (24 )hours of delivery of the relevant products or, if after delivery, within the warranty period, notify us in writing of any products or services that did not adhere to the pertinent warranties described above.

5. Provide photographs and a written description: To speed up the claim process, provide photographs and a written description of the alleged fault or defect.

6. Keep the product(s): Keep the product(s) that are allegedly in violation of the pertinent warranties as long as you can for our inspection.

7. Supply us with a copy of your invoice.

What we will do:

Within three (3) business days, we’ll confirm receipt of your notice.

We’ll investigate the alleged damage and/or defect within fourteen (14) days and let you know in writing whether we accept or reject your claim.

If we determine that a claim is legitimate, we will, at our discretion, in accordance with these terms and any relevant Australian Consumer Law, repair, replace, or reimburse you for the price you paid for the products.

A representative from our company will conduct the inspection if it’s necessary to ascertain the nature and origin of the problem at a mutually convenient time.

Warranty Void:

The warranty may become void if:

– The product care guidelines are not followed strictly.

– The product is altered or modified without our approval.

– The product is used in a manner inconsistent with its intended use or design.

– The product is used for commercial purposes or outside of normal residential use.

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the products. Should you have any concerns or be dissatisfied in any way, please contact us via [email protected] and include:

a. your name;

b. the email address you used for your order;

c. details of your concern or complaint;

d. details of what you would like us to do to resolve the matter; and

e. copies of any relevant correspondence.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and our products. You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels. We love to hear from you!

Where you do decide to submit such feedback, comments or content, you:

– warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);

– give us permission to post or otherwise use that feedback on our social media or other channels;

– waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;

– warrant that the content does not violate these Terms; and

– warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

– contains libelous or otherwise unlawful, abusive or obscene material;

– attacks our employees or another contributor;

– contains material that discloses your personal information; or

– is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

COMPETITIONS

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only. Any results personally achieved are due to the individuals’ unique situations. These testimonials demonstrate what can be possible but are not intended to represent or guarantee that any current or future customers will achieve the same or similar results.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances:

– use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;

– attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;

– hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

– infringe upon the rights of any person’s proprietary rights;

– send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

– attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

SITE WARRANTIES AND DISCLAIMERS

This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site including that:

– access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

– there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

All express or implied warranties, representations, statements, terms and conditions relating to the products and/or our services which are not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy implied by or imposed by any law (including statute or regulation) which cannot be lawfully excluded, restricted or modified.

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site.

Additionally, we cannot be held liable for:

– naturally occurring flaws in the fabric;

– any attempts made to rectify or disguise flaws inherent in the fabric;

– chemical reactions as a result of exposure to other materials;

– failure to follow manufacturers’ instructions regarding the product;

– incorrect use of cleaning products;

– delays in delivery of the products;

– product being unsuitable for your purposes;

– our inability to provide the product as a result of a Force Majeure event; or

– any information provided by us with regard to the product.

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR SITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

Sirkka Pty Ltd ABN 92 383 202 986 and its associated entities (herein referred to as Sirkka Pty Ltd) understand the importance of privacy and confidentiality and hold all client information in the strictest confidence. Sirkka Pty Ltd has adopted a Privacy Policy to comply with the National Privacy Principles contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

COLLECTION, USE & DISCLOSURE

We only collect information from you that is necessary for what we do. Sirkka Pty Ltd undertakes to only collect information by lawful and fair means. This means we will never be unreasonably intrusive.

We collect personal information about individuals:

• from the individuals themselves through response forms, competitions, our website, correspondence including emails and through verbal communications.

You need not give personal information about yourself that may be requested by us, however without that information; we may not be able to provide you with the service or information that you have requested. All information collected for internal marketing purposes and will not be released by Sirkka Pty Ltd to any third parties unless stated otherwise.

We collect, hold and use personal information:

• to promote and market our services
• for internal businesses processes such as market research; and where required by law
• to deliver your gift voucher order to you via post or email

Sirkka Pty Ltd will provide all clients the opportunity to opt out of receiving promotional material either electronically or in hard copy.

SECURITY OF INFORMATION

We will take all reasonable steps to ensure that the personal information we hold about you is not subject to loss, misuse or unauthorised access or alternation.

Sirkka Pty Ltd does not provide any other commercial organisation personal details on any individual.

ACCESS TO PERSONAL INFORMATION

Sirkka Pty Ltd undertakes to respond to any enquiry regarding what information we hold, how we use it and where or how it is disclosed.

CONTACT

If you have any queries or comments which you would like to make, please contact us on:

Brisbane

Email: [email protected]